Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983

Publication Date:January 01, 1983

1983No. 883

PENSIONS

The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983

22ndJune1983

30thJune1983

21stJuly1983

ARRANGEMENT OF ARTICLES

PART I

GENERAL

1. Citation, commencement and interpretation.

2. Scheduled rates and amounts of pensions, grants and allowances etc. and construction of Schedules relevant thereto.

PART II

GENERAL PRINCIPLES OF AWARDS

3. Basic condition of awards.

4. Entitlement where a claim is made in respect of a disablement, or death occurs, not later than 7 years after the termination of service.

5. Entitlement where a claim is made in respect of a disablement, or death occurs, more than 7 years after the termination of service.

6. Serious negligence or misconduct.

7. Rank or status.

PART III

AWARDS IN RESPECT OF DISABLEMENT

8. General conditions.

9. Determination of degree of disablement.

10. Pension for disablement.

11. Gratuity for minor disablement.

12. Allowances for eligible members of the family.

13. Education allowance.

14. Constant attendance allowance.

15. Exceptionally severe disablement allowance.

16. Severe disablement occupational allowance.

17. Allowance for wear and tear of clothing.

18. Unemployability allowances.

19. Invalidity allowance.

20. Comforts allowance.

21. Allowance for lowered standard of occupation.

22. Age allowance.

23. Treatment allowances.

24. Allowance where abstention from work is necessary following treatment in a hospital or similar institution.

25. Allowance for part-time treatment.

26. Medical expenses.

PART IV

AWARDS IN RESPECT OF DEATH

27. Application of Part IV.

28. General conditions.

29. Pensions to widows.

30. Pensions to unmarried dependants who lived as wives.

31. Rent allowance to widows, and unmarried dependants who lived as wives, who have children.

32. Allowance to elderly widows and unmarried dependants who lived as wives.

33. Temporary allowances to widows and unmarried dependants who lived as wives of severely disabled pensioners.

34. Pensions to widowers.

35. Allowances in respect of children under the age limit.

36. Pensions to motherless or fatherless children under the age limit.

37. Awards to or in respect of children over the age limit

38. Education allowance.

39. Awards to or in respect of ineligible members of the families of unemployable pensioners.

40. Pensions to parents.

41. Pensions to other dependants.

42. Marriage of female persons.

PART V

PROVISIONS FOR SPECIAL CLASSES OF DISABLED MEMBERS

43. Application and interpretation of Part V.

44. Regular officers with permanent commissions.

45. Regular officers with short service commissions.

46. Re-employed officers.

47. Officers with previous commissioned service in Commonwealth forces, etc.

48. Officers promoted from the ranks.

49. Temporary officers with previous pension.

50. Regular ratings, soldiers and airmen.

51. Ratings, soldiers or airmen with previous pension.

52. Commuted awards.

53. General provision relating to awards under Part V.

PART VI

MISCELLANEOUS PROVISIONS

54. Interpretation of Part VI.

55. Adjustment of awards in respect of other compensation.

56. Maintenance in hospital or an institution.

57. Chelsea pensioners.

58. Children whose maintenance is otherwise provided for.

59. Abatement of awards in respect of Social Security benefits.

60. Payment of public claims out of pensions.

61. Administration of pensions, etc.

62. Forfeiture of pensions, etc.

63. Refusal of treatment.

64. Failure to draw pension.

65. Commencing dates of awards of pension.

66. Payment of pensions.

67. Review of decisions, assessments and awards.

68. Posthumous awards.

69. Power to dispense with probate.

70. Administration of this Order.

71. Transferred powers.

72. Revocations, transitional, general and transitory provisions.

SCHEDULES

SCHEDULE 1—Disablement due to Service in the Armed Forces during the 1914 World War and after 2nd September 1939.

PART I—Grouping of Members of the Armed Forces according to Rank or Status.

PART II—Rates of retired pay, pensions, gratuities and allowances.

Table 1—Yearly rates of retired pay and pensions for disabled officers and nurses and disablement addition.

Table 2—Yearly rates of allowance paid in respect of rank for disabled officers and nurses.

Table 3—Weekly rates of pension for disabled other ranks.

Table 4—Weekly rates of allowance paid in respect of rank for disabled other ranks.

PART III—Gratuities.

Table 1—Gratuities payable for specified minor injuries.

Table 2—Gratuities payable to members of the armed forces for disablement assessed at less than 20 per cent, not being a minor injury specified in Table 1.

PART IV—Rates of allowances payable in respect of disablement.

PART V—Assessment of disablement caused by specified injuries and of certain other disablements.

SCHEDULE 2—Death due to Service in the Armed Forces during the 1914 World War and after 2nd September 1939.

PART I—Grouping of members of the Armed Forces according to Rank or Status.

PART II—Rates of pensions and allowances.

Table 1—Yearly rates of pensions for widows of officers.

A—Pensions other than pensions awarded under article 11(1) or (2) of the 1921 (Officers) Order or article 11(1) of the 1921 (Warrant Officers) Order, or of the 1920 Warrant or of the 1921 Order.

B—Pensions awarded under article 11(1) or (2) of the 1921 (Officers) Order or article 11(1) of the 1921 (Warrant Officers) Order, of the 1920 Warrant or of the 1921 Order.

Table 2A and B—Yearly rates of allowance paid in respect of rank of deceased officers.

Table 3—Weekly rates of pension for widows of ratings, soldiers and airmen.

Table 4—Rank additions to basic rates of pension for widows of ratings, soldiers and airmen.

Table 5—Maximum yearly rates of pension for relatives of 1914 World War Officers.

Table 6—Rank additions to basic rates of pension for relatives of 1914 World War Officers.

PART III—Rates of pensions, other than widows' pensions, and allowances payable in respect of death.

SCHEDULE 3—Commencing dates of awards of pension.

SCHEDULE 4—Glossary of expressions.

SCHEDULE 5—Transitory provisions.

SCHEDULE 6—Revocations.

At the Court at Buckingham Palace, the 22nd day of June 1983

Present,

The Queen's Most Excellent Majesty in Council

WHEREAS Her Majesty deems it expedient to consolidate the provisions concerning pensions and other grants in respect of disablement and death due to service in the naval, marine, military and air forces of the Crown and the nursing and auxiliary forces thereof during the period beginning with 4th August 1914 and ending on 30th September 1921 and during the period after 2nd September 1939 and to do so by Order in Council in pursuance of section 12(1) of the Social Security (Miscellaneous Provisions) Act 1977(a):

NOW, THEREFORE, Her Majesty, in the exercise of the powers conferred by the said section 12(1) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

PART I—GENERAL

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 and shall come into operation on 21st July 1983.

(2) In this Order, unless the context otherwise requires, an expression for which there is an entry in the second column of Schedule 4 hereto shall have the meaning given against it in the third column of that Schedule or, as the case

(a) 1977 c. 5.

may be, shall be construed in accordance with the instructions given against it in that column.

(3) In this Order, unless the context otherwise requires, any reference to a numbered article or Schedule is a reference to the article or, as the case may be, the Schedule bearing that number in this Order, and any reference in an article to a numbered paragraph is a reference to the paragraph bearing that number in that article.

(4) Where any matter is required by this Order to be certified, that matter shall be determined—

(a) where a Tribunal constituted under the War Pensions (Administrative Provisions) Act 1919(a) or the Pensions Appeal Tribunals Acts 1943 and 1949(b) has given a decision on that matter under those Acts, in accordance with that decision, or, if an appeal from that decision is brought under the said Acts, in accordance with the decision on that appeal;

(b) where no such decision has been given and the matter involves a medical question—

(i) in accordance with a certificate on that question of a medical officer or board of medical officers appointed or recognised by the Secretary of State for that purpose; or, where that question appears to the Secretary of State to raise a serious doubt or difficulty and he so desires,

(ii) in accordance with the opinion thereon obtained by the Secretary of State from one or more of a panel of independent medical experts nominated by the President of the Royal College of Physicians of London, the Royal College of Surgeons of England or the Royal College of Obstetricians and Gynaecologists.

(5) For the purposes of this Order, a person shall be treated as having attained the age of 16 years at the commencement of the sixteenth anniversary of the day of his birth and similarly with respect to any other age.

(6) For the purposes of this Order—

(a) a person may be treated as being in receipt of any retired pay, pension, allowance or other continuing benefit awarded to him under this Order notwithstanding that the retired pay, pension, allowance or other benefit, or any part thereof, is, by virtue of any provision of this Order, being administered or otherwise applied for any purpose or paid to some other person;

(b) where an allowance awarded under this Order in respect of a child of a deceased member of the armed forces is withheld or reduced under article 58, the member's widow or unmarried dependant who lived as a wife who has the child under her control or in her charge may be

(a) 1919 c. 53.

(b) 1943 c. 39; this Act was amended...

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